CONVENTION ON THE PROTECTION AND USE
OF TRANSBOUNDARY WATERCOURSES AND INTERNATIONAL LAKES
done at Helsinki, on 17 March 1992
PREAMBLE
THE PARTIES TO THIS CONVENTION,
Mindful that the protection and use of transboundary watercourses and international lakes are
important and urgent tasks, the effective accomplishment of which can only be ensured by
enhanced cooperation,
Concerned over the existence and threats of adverse effects, in the short or long term, of changes
in the conditions of transboundary watercourses and international lakes on the environment,
economies and well-being of the member countries of the Economic Commission for Europe
(ECE),
Emphasizing the need for strengthened national and international measures to prevent, control
and reduce the release of hazardous substances into the aquatic environment and to abate
eutrophication and acidification, as well as pollution of the marine environment, in particular
coastal areas, from land-based sources,
Commending the efforts already undertaken by the ECE Governments to strengthen cooperation,
on bilateral and multilateral levels, for the prevention, control and reduction of transboundary
pollution, sustainable water management, conservation of water resources and environmental
protection,
Recalling the pertinent provisions and principles of the Declaration of the Stockholm Conference
on the Human Environment, the Final Act of the Conference on Security and Cooperation in
Europe (CSCE), the Concluding Documents of the Madrid and Vienna Meetings of
Representatives of the Participating States of the CSCE, and the Regional Strategy for
Environmental Protection and Rational Use of Natural Resources in ECE Member Countries
covering the Period up to the Year 2000 and Beyond,
Conscious of the role of the United Nations Economic Commission for Europe in promoting
international cooperation for the prevention, control and reduction of transboundary water
pollution and sustainable use of transboundary waters, and in this regard recalling the ECE
Declaration of Policy on Prevention and Control of Water Pollution, including Transboundary
Pollution; the ECE Declaration of Policy on the Rational Use of Water; the ECE Principles
Regarding Cooperation in the Field of Transboundary Waters; the ECE Charter on Groundwater
Management; and the Code of Conduct on Accidental Pollution of Transboundary Inland Waters,
Referring to decisions I (42) and I (44) adopted by the Economic Commission for Europe at its
forty-second and forty-fourth sessions, respectively, and the outcome of the CSCE Meeting on the
Protection of the Environment (Sofia, Bulgaria, 16 October – 3 November 1989),
Emphasizing that cooperation between member countries in regard to the protection and use of
transboundary waters shall be implemented primarily through the elaboration of agreements
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between countries bordering the same waters, especially where no such agreements have yet been
reached,
Have agreed as follows:
Article 1
DEFINITIONS
For the purposes of this Convention,
1. "Transboundary waters" means any surface or ground waters which mark, cross or are located
on boundaries between two or more States; wherever transboundary waters flow directly into
the sea, these transboundary waters end at a straight line across their respective mouths
between points on the low-water line of their banks;
2. "Transboundary impact" means any significant adverse effect on the environment resulting
from a change in the conditions of transboundary waters caused by a human activity, the
physical origin of which is situated wholly or in part within an area under the jurisdiction of a
Party, within an area under the jurisdiction of another Party. Such effects on the environment
include effects on human health and safety, flora, fauna, soil, air, water, climate, landscape
and historical monuments or other physical structures or the interaction among these factors;
they also include effects on the cultural heritage or socio-economic conditions resulting from
alterations to those factors;
3. "Party" means, unless the text otherwise indicates, a Contracting Party to this Convention;
4. "Riparian Parties" means the Parties bordering the same transboundary waters;
5. "Joint body" means any bilateral or multilateral commission or other appropriate institutional
arrangements for cooperation between the Riparian Parties;
6. "Hazardous substances" means substances which are toxic, carcinogenic, mutagenic,
teratogenic or bio-accumulative, especially when they are persistent;
7. "Best available technology" (the definition is contained in annex I to this Convention).
PART I
PROVISIONS RELATING TO ALL PARTIES
Article 2
GENERAL PROVISIONS
1. The Parties shall take all appropriate measures to prevent, control and reduce any
transboundary impact.
2. The Parties shall, in particular, take all appropriate measures:
(a) To prevent, control and reduce pollution of waters causing or likely to cause
transboundary impact;
(b) To ensure that transboundary waters are used with the aim of ecologically sound and
rational water management, conservation of water resources and environmental
protection;
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(c) To ensure that transboundary waters are used in a reasonable and equitable way, taking
into particular account their transboundary character, in the case of activities which cause
or are likely to cause transboundary impact;
(d) To ensure conservation and, where necessary, restoration of ecosystems.
3. Measures for the prevention, control and reduction of water pollution shall be taken, where
possible, at source.
4. These measures shall not directly or indirectly result in a transfer of pollution to other parts of
the environment.
5. In taking the measures referred to in paragraphs 1 and 2 of this article, the Parties shall be
guided by the following principles:
(a) The precautionary principle, by virtue of which action to avoid the potential
transboundary impact of the release of hazardous substances shall not be postponed on the
ground that scientific research has not fully proved a causal link between those
substances, on the one hand, and the potential transboundary impact, on the other hand;
(b) The polluter-pays principle, by virtue of which costs of pollution prevention, control and
reduction measures shall be borne by the polluter;
(c) Water resources shall be managed so that the needs of the present generation are met
without compromising the ability of future generations to meet their own needs.
6. The Riparian Parties shall cooperate on the basis of equality and reciprocity, in particular
through bilateral and multilateral agreements, in order to develop harmonized policies,
programmes and strategies covering the relevant catchment areas, or parts thereof, aimed at
the prevention, control and reduction of transboundary impact and aimed at the protection of
the environment of transboundary waters or the environment influenced by such waters,
including the marine environment.
7. The application of this Convention shall not lead to the deterioration of environmental
conditions nor lead to increased transboundary impact.
8. The provisions of this Convention shall not affect the right of Parties individually or jointly to
adopt and implement more stringent measures than those set down in this Convention.
Article 3
PREVENTION, CONTROL AND REDUCTION
1. To prevent, control and reduce transboundary impact, the Parties shall develop, adopt,
implement and, as far as possible, render compatible relevant legal, administrative, economic,
financial and technical measures, in order to ensure, inter alia, that:
(a) The emission of pollutants is prevented, controlled and reduced at source through the
application of, inter alia, low- and non-waste technology;
(b) Transboundary waters are protected against pollution from point sources through the prior
licensing of waste-water discharges by the competent national authorities, and that the
authorized discharges are monitored and controlled;
(c) Limits for waste-water discharges stated in permits are based on the best available
technology for discharges of hazardous substances;
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(d) Stricter requirements, even leading to prohibition in individual cases, are imposed when
the quality of the receiving water or the ecosystem so requires;
(e) At least biological treatment or equivalent processes are applied to municipal waste water,
where necessary in a step-by-step approach;
(f) Appropriate measures are taken, such as the application of the best available technology,
in order to reduce nutrient inputs from industrial and municipal sources;
(g) Appropriate measures and best environmental practices are developed and implemented
for the reduction of inputs of nutrients and hazardous substances from diffuse sources,
especially where the main sources are from agriculture (guidelines for developing best
environmental practices are given in annex II to this Convention);
(h) Environmental impact assessment and other means of assessment are applied;
(i) Sustainable water-resources management, including the application of the ecosystems
approach, is promoted;
(j) Contingency planning is developed;
(k) Additional specific measures are taken to prevent the pollution of groundwaters;
(l) The risk of accidental pollution is minimized.
2. To this end, each Party shall set emission limits for discharges from point sources into surface
waters based on the best available technology, which are specifically applicable to individual
industrial sectors or industries from which hazardous substances derive. The appropriate
measures mentioned in paragraph 1 of this article to prevent, control and reduce the input of
hazardous substances from point and diffuse sources into waters, may, inter alia, include total
or partial prohibition of the production or use of such substances. Existing lists of such
industrial sectors or industries and of such hazardous substances in international conventions
or regulations, which are applicable in the area covered by this Convention, shall be taken
into account.
3. In addition, each Party shall define, where appropriate, water-quality objectives and adopt
water-quality criteria for the purpose of preventing, controlling and reducing transboundary
impact. General guidance for developing such objectives and criteria is given in annex III to
this Convention. When necessary, the Parties shall endeavour to update this annex.
Article 4
MONITORING
The Parties shall establish programmes for monitoring the conditions of transboundary waters.
Article 5
RESEARCH AND DEVELOPMENT
The Parties shall cooperate in the conduct of research into and development of effective
techniques for the prevention, control and reduction of transboundary impact. To this effect, the
Parties shall, on a bilateral and/or multilateral basis, taking into account research activities
pursued in relevant international forums, endeavour to initiate or intensify specific research
programmes, where necessary, aimed, inter alia, at:
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(a) Methods for the assessment of the toxicity of hazardous substances and the noxiousness of
pollutants;
(b) Improved knowledge on the occurrence, distribution and environmental effects of
pollutants and the processes involved;
(c) The development and application of environmentally sound technologies, production and
consumption patterns;
(d) The phasing out and/or substitution of substances likely to have transboundary impact;
(e) Environmentally sound methods of disposal of hazardous substances;
(f) Special methods for improving the conditions of transboundary waters;
(g) The development of environmentally sound water-construction works and waterregulation techniques;
(h) The physical and financial assessment of damage resulting from transboundary impact.
The results of these research programmes shall be exchanged among the Parties in accordance
with article 6 of this Convention.
Article 6
EXCHANGE OF INFORMATION
The Parties shall provide for the widest exchange of information, as early as possible, on issues
covered by the provisions of this Convention.
Article 7
RESPONSIBILITY AND LIABILITY
The Parties shall support appropriate international efforts to elaborate rules, criteria and
procedures in the field of responsibility and liability.
Article 8
PROTECTION OF INFORMATION
The provisions of this Convention shall not affect the rights or the obligations of Parties in
accordance with their national legal systems and applicable supranational regulations to protect
information related to industrial and commercial secrecy, including intellectual property, or
national security.
PART II
PROVISIONS RELATING TO RIPARIAN PARTIES
Article 9
BILATERAL AND MULTILATERAL COOPERATION
1. The Riparian Parties shall on the basis of equality and reciprocity enter into bilateral or
multilateral agreements or other arrangements, where these do not yet exist, or adapt existing
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ones, where necessary to eliminate the contradictions with the basic principles of this
Convention, in order to define their mutual relations and conduct regarding the prevention,
control and reduction of transboundary impact. The Riparian Parties shall specify the
catchment area, or part(s) thereof, subject to cooperation. These agreements or arrangements
shall embrace relevant issues covered by this Convention, as well as any other issues on
which the Riparian Parties may deem it necessary to cooperate.
2. The agreements or arrangements mentioned in paragraph 1 of this article shall provide for the
establishment of joint bodies. The tasks of these joint bodies shall be, inter alia, and without
prejudice to relevant existing agreements or arrangements, the following:
(a) To collect, compile and evaluate data in order to identify pollution sources likely to cause
transboundary impact;
(b) To elaborate joint monitoring programmes concerning water quality and quantity;
(c) To draw up inventories and exchange information on the pollution sources mentioned in
paragraph 2 (a) of this article;
(d) To elaborate emission limits for waste water and evaluate the effectiveness of control
programmes;
(e) To elaborate joint water-quality objectives and criteria having regard to the provisions of
article 3, paragraph 3 of this Convention, and to propose relevant measures for
maintaining and, where necessary, improving the existing water quality;
(f) To develop concerted action programmes for the reduction of pollution loads from both
point sources (e.g. municipal and industrial sources) and diffuse sources (particularly
from agriculture);
(g) To establish warning and alarm procedures;
(h) To serve as a forum for the exchange of information on existing and planned uses of water
and related installations that are likely to cause transboundary impact;
(i) To promote cooperation and exchange of information on the best available technology in
accordance with the provisions of article 13 of this Convention, as well as to encourage
cooperation in scientific research programmes;
(j) To participate in the implementation of environmental impact assessments relating to
transboundary waters, in accordance with appropriate international regulations.
3. In cases where a coastal State, being Party to this Convention, is directly and significantly
affected by transboundary impact, the Riparian Parties can, if they all so agree, invite that
coastal State to be involved in an appropriate manner in the activities of multilateral joint
bodies established by Parties riparian to such transboundary waters.
4. Joint bodies according to this Convention shall invite joint bodies, established by coastal States
for the protection of the marine environment directly affected by transboundary impact, to
cooperate in order to harmonize their work and to prevent, control and reduce the
transboundary impact.
5. Where two or more joint bodies exist in the same catchment area, they shall endeavour to
coordinate their activities in order to strengthen the prevention, control and reduction of
transboundary impact within that catchment area.
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Article 10
CONSULTATIONS
Consultations shall be held between the Riparian Parties on the basis of reciprocity, good faith
and good-neighbourliness, at the request of any such Party. Such consultations shall aim at
cooperation regarding the issues covered by the provisions of this Convention. Any such
consultations shall be conducted through a joint body established under article 9 of this
Convention, where one exists.
Article 11
JOINT MONITORING AND ASSESSMENT
1. In the framework of general cooperation mentioned in article 9 of this Convention, or specific
arrangements, the Riparian Parties shall establish and implement joint programmes for
monitoring the conditions of transboundary waters, including floods and ice drifts, as well as
transboundary impact.
2. The Riparian Parties shall agree upon pollution parameters and pollutants whose discharges
and concentration in transboundary waters shall be regularly monitored.
3. The Riparian Parties shall, at regular intervals, carry out joint or coordinated assessments of
the conditions of transboundary waters and the effectiveness of measures taken for the
prevention, control and reduction of transboundary impact. The results of these assessments
shall be made available to the public in accordance with the provisions set out in article 16 of
this Convention.
4. For these purposes, the Riparian Parties shall harmonize rules for the setting up and operation
of monitoring programmes, measurement systems, devices, analytical techniques, data
processing and evaluation procedures, and methods for the registration of pollutants
discharged.
Article 12
COMMON RESEARCH AND DEVELOPMENT
In the framework of general cooperation mentioned in article 9 of this Convention, or specific
arrangements, the Riparian Parties shall undertake specific research and development activities in
support of achieving and maintaining the water-quality objectives and criteria which they have
agreed to set and adopt.
Article 13
EXCHANGE OF INFORMATION BETWEEN RIPARIAN PARTIES
1. The Riparian Parties shall, within the framework of relevant agreements or other arrangements
according to article 9 of this Convention, exchange reasonably available data, inter alia, on:
(a) Environmental conditions of transboundary waters;
(b) Experience gained in the application and operation of best available technology and
results of research and development;
(c) Emission and monitoring data;
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(d) Measures taken and planned to be taken to prevent, control and reduce transboundary
impact;
(e) Permits or regulations for waste-water discharges issued by the competent authority or
appropriate body.
2. In order to harmonize emission limits, the Riparian Parties shall undertake the exchange of
information on their national regulations.
3. If a Riparian Party is requested by another Riparian Party to provide data or information that is
not available, the former shall endeavour to comply with the request but may condition its
compliance upon the payment, by the requesting Party, of reasonable charges for collecting
and, where appropriate, processing such data or information.
4. For the purposes of the implementation of this Convention, the Riparian Parties shall facilitate
the exchange of best available technology, particularly through the promotion of: the
commercial exchange of available technology; direct industrial contacts and cooperation,
including joint ventures; the exchange of information and experience; and the provision of
technical assistance. The Riparian Parties shall also undertake joint training programmes and
the organization of relevant seminars and meetings.
Article 14
WARNING AND ALARM SYSTEMS
The Riparian Parties shall without delay inform each other about any critical situation that may
have transboundary impact. The Riparian Parties shall set up, where appropriate, and operate
coordinated or joint communication, warning and alarm systems with the aim of obtaining and
transmitting information. These systems shall operate on the basis of compatible data
transmission and treatment procedures and facilities to be agreed upon by the Riparian Parties.
The Riparian Parties shall inform each other about competent authorities or points of contact
designated for this purpose.
Article 15
MUTUAL ASSISTANCE
1. If a critical situation should arise, the Riparian Parties shall provide mutual assistance upon
request, following procedures to be established in accordance with paragraph 2 of this article.
2. The Riparian Parties shall elaborate and agree upon procedures for mutual assistance
addressing, inter alia, the following issues:
(a) The direction, control, coordination and supervision of assistance;
(b) Local facilities and services to be rendered by the Party requesting assistance, including,
where necessary, the facilitation of border-crossing formalities;
(c) Arrangements for holding harmless, indemnifying and/or compensating the assisting Party
and/or its personnel, as well as for transit through territories of third Parties, where
necessary;
(d) Methods of reimbursing assistance services.
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Article 16
PUBLIC INFORMATION
1. The Riparian Parties shall ensure that information on the conditions of transboundary waters,
measures taken or planned to be taken to prevent, control and reduce transboundary impact,
and the effectiveness of those measures, is made available to the public. For this purpose, the
Riparian Parties shall ensure that the following information is made available to the public:
(a) Water-quality objectives;
(b) Permits issued and the conditions required to be met;
(c) Results of water and effluent sampling carried out for the purposes of monitoring and
assessment, as well as results of checking compliance with the water-quality objectives or
the permit conditions.
2. The Riparian Parties shall ensure that this information shall be available to the public at all
reasonable times for inspection free of charge, and shall provide members of the public with
reasonable facilities for obtaining from the Riparian Parties, on payment of reasonable
charges, copies of such information.
PART III
INSTITUTIONAL AND FINAL PROVISIONS
Article 17
MEETING OF PARTIES
1. The first meeting of the Parties shall be convened no later than one year after the date of the
entry into force of this Convention. Thereafter, ordinary meetings shall be held every three
years, or at shorter intervals as laid down in the rules of procedure. The Parties shall hold an
extraordinary meeting if they so decide in the course of an ordinary meeting or at the written
request of any Party, provided that, within six months of it being communicated to all Parties,
the said request is supported by at least one third of the Parties.
2. At their meetings, the Parties shall keep under continuous review the implementation of this
Convention, and, with this purpose in mind, shall:
(a) Review the policies for and methodological approaches to the protection and use of
transboundary waters of the Parties with a view to further improving the protection and
use of transboundary waters;
(b) Exchange information regarding experience gained in concluding and implementing
bilateral and multilateral agreements or other arrangements regarding the protection and
use of transboundary waters to which one or more of the Parties are party;
(c) Seek, where appropriate, the services of relevant ECE bodies as well as other competent
international bodies and specific committees in all aspects pertinent to the achievement of
the purposes of this Convention;
(d) At their first meeting, consider and by consensus adopt rules of procedure for their
meetings;
(e) Consider and adopt proposals for amendments to this Convention;
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(f) Consider and undertake any additional action that may be required for the achievement of
the purposes of this Convention.
Article 18
RIGHT TO VOTE
1. Except as provided for in paragraph 2 of this article, each Party to this Convention shall have
one vote.
2. Regional economic integration organizations, in matters within their competence, shall
exercise their right to vote with a number of votes equal to the number of their member States
which are Parties to this Convention. Such organizations shall not exercise their right to vote
if their member States exercise theirs, and vice versa.
Article 19
SECRETARIAT
The Executive Secretary of the Economic Commission for Europe shall carry out the
following secretariat functions:
(a) The convening and preparing of meetings of the Parties;
(b) The transmission to the Parties of reports and other information received in accordance
with the provisions of this Convention;
(c) The performance of such other functions as may be determined by the Parties.
Article 20
ANNEXES
Annexes to this Convention shall constitute an integral part thereof.
Article 21
AMENDMENTS TO THE CONVENTION
1. Any Party may propose amendments to this Convention.
2. Proposals for amendments to this Convention shall be considered at a meeting of the Parties.
3. The text of any proposed amendment to this Convention shall be submitted in writing to the
Executive Secretary of the Economic Commission for Europe, who shall communicate it to
all Parties at least ninety days before the meeting at which it is proposed for adoption.
4. An amendment to the present Convention shall be adopted by consensus of the representatives
of the Parties to this Convention present at a meeting of the Parties, and shall enter into force
for the Parties to the Convention which have accepted it on the ninetieth day after the date on
which two thirds of those Parties have deposited with the Depositary their instruments of
acceptance of the amendment. The amendment shall enter into force for any other Party on
the ninetieth day after the date on which that Party deposits its instrument of acceptance of
the amendment.
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Article 22
SETTLEMENT OF DISPUTES
1. If a dispute arises between two or more Parties about the interpretation or application of this
Convention, they shall seek a solution by negotiation or by any other means of dispute
settlement acceptable to the parties to the dispute.
2. When signing, ratifying, accepting, approving or acceding to this Convention, or at any time
thereafter, a Party may declare in writing to the Depositary that, for a dispute not resolved in
accordance with paragraph 1 of this article, it accepts one or both of the following means of
dispute settlement as compulsory in relation to any Party accepting the same obligation:
(a) Submission of the dispute to the International Court of Justice;
(b) Arbitration in accordance with the procedure set out in annex IV.
3. If the parties to the dispute have accepted both means of dispute settlement referred to in
paragraph 2 of this article, the dispute may be submitted only to the International Court of
Justice, unless the parties agree otherwise.
Article 23
SIGNATURE
This Convention shall be open for signature at Helsinki from 17 to 18 March 1992 inclusive, and
thereafter at United Nations Headquarters in New York until 18 September 1992, by States
members of the Economic Commission for Europe as well as States having consultative status
with the Economic Commission for Europe pursuant to paragraph 8 of Economic and Social
Council resolution 36 (IV) of 28 March 1947, and by regional economic integration organizations
constituted by sovereign States members of the Economic Commission for Europe to which their
member States have transferred competence over matters governed by this Convention, including
the competence to enter into treaties in respect of these matters.
Article 24
DEPOSITARY
The Secretary-General of the United Nations shall act as the Depositary of this Convention.
Article 25
RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
1. This Convention shall be subject to ratification, acceptance or approval by signatory States and
regional economic integration organizations.
2. This Convention shall be open for accession by the States and organizations referred to in
article 23.
3. Any organization referred to in article 23 which becomes a Party to this Convention without
any of its member States being a Party shall be bound by all the obligations under this
Convention. In the case of such organizations, one or more of whose member States is a Party
to this Convention, the organization and its member States shall decide on their respective
responsibilities for the performance of their obligations under this Convention. In such cases,
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the organization and the member States shall not be entitled to exercise rights under this
Convention concurrently.
4. In their instruments of ratification, acceptance, approval or accession, the regional economic
integration organizations referred to in article 23 shall declare the extent of their competence
with respect to the matters governed by this Convention. These organizations shall also
inform the Depositary of any substantial modification to the extent of their competence.
Article 26
ENTRY INTO FORCE
1. This Convention shall enter into force on the ninetieth day after the date of deposit of the
sixteenth instrument of ratification, acceptance, approval or accession.
2. For the purposes of paragraph 1 of this article, any instrument deposited by a regional
economic integration organization shall not be counted as additional to those deposited by
States members of such an organization.
3. For each State or organization referred to in article 23 which ratifies, accepts or approves this
Convention or accedes thereto after the deposit of the sixteenth instrument of ratification,
acceptance, approval or accession, the Convention shall enter into force on the ninetieth day
after the date of deposit by such State or organization of its instrument of ratification,
acceptance, approval or accession.
Article 27
WITHDRAWAL
At any time after three years from the date on which this Convention has come into force with
respect to a Party, that Party may withdraw from the Convention by giving written notification to
the Depositary. Any such withdrawal shall take effect on the ninetieth day after the date of its
receipt by the Depositary.
Article 28
AUTHENTIC TEXTS
The original of this Convention, of which the English, French and Russian texts are equally
authentic, shall be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this
Convention.
DONE at Helsinki, this seventeenth day of March one thousand nine hundred and ninety-two.
ANNEX I
DEFINITION OF THE TERM "BEST AVAILABLE TECHNOLOGY"
1. The term "best available technology" is taken to mean the latest stage of development of
processes, facilities or methods of operation which indicate the practical suitability of a
particular measure for limiting discharges, emissions and waste. In determining whether a set
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of processes, facilities and methods of operation constitute the best available technology in
general or individual cases, special consideration is given to:
(a) Comparable processes, facilities or methods of operation which have recently been
successfully tried out;
(b) Technological advances and changes in scientific knowledge and understanding;
(c) The economic feasibility of such technology;
(d) Time limits for installation in both new and existing plants;
(e) The nature and volume of the discharges and effluents concerned;
(f) Low - and non - waste technology.
2. It therefore follows that what is "best available technology" for a particular process will change
with time in the light of technological advances, economic and social factors, as well as in the
light of changes in scientific knowledge and understanding.
ANNEX II
GUIDELINES FOR DEVELOPING BEST ENVIRONMENTAL PRACTICES
1. In selecting for individual cases the most appropriate combination of measures which may
constitute the best environmental practice, the following graduated range of measures should
be considered:
(a) Provision of information and education to the public and to users about the environmental
consequences of the choice of particular activities and products, their use and ultimate
disposal;
(b) The development and application of codes of good environmental practice which cover all
aspects of the product's life;
(c) Labels informing users of environmental risks related to a product, its use and ultimate
disposal;
(d) Collection and disposal systems available to the public;
(e) Recycling, recovery and reuse;
(f) Application of economic instruments to activities, products or groups of products;
(g) A system of licensing, which involves a range of restrictions or a ban.
2. In determining what combination of measures constitute best environmental practices, in
general or in individual cases, particular consideration should be given to:
(a) The environmental hazard of:
(i) The product;
(ii) The product's production;
(iii) The product's use;
(iv) The product's ultimate disposal;
(b) Substitution by less polluting processes or substances;
(c) Scale of use;
(d) Potential environmental benefit or penalty of substitute materials or activities;
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(e) Advances and changes in scientific knowledge and understanding;
(f) Time limits for implementation;
(g) Social and economic implications.
3. It therefore follows that best environmental practices for a particular source will change with
time in the light of technological advances, economic and social factors, as well as in the light
of changes in scientific knowledge and understanding.
ANNEX III
GUIDELINES FOR DEVELOPING WATER-QUALITY
OBJECTIVES AND CRITERIA
Water-quality objectives and criteria shall:
(a) Take into account the aim of maintaining and, where necessary, improving the existing
water quality;
(b) Aim at the reduction of average pollution loads (in particular hazardous substances) to a
certain degree within a certain period of time;
(c) Take into account specific water-quality requirements (raw water for drinking-water
purposes, irrigation, etc.);
(d) Take into account specific requirements regarding sensitive and specially protected waters
and their environment, e.g. lakes and groundwater resources;
(e) Be based on the application of ecological classification methods and chemical indices for
the medium- and long-term review of water-quality maintenance and improvement;
(f) Take into account the degree to which objectives are reached and the additional protective
measures, based on emission limits, which may be required in individual cases.
ANNEX IV
ARBITRATION
1. In the event of a dispute being submitted for arbitration pursuant to article 22, paragraph
2 of this Convention, a party or parties shall notify the secretariat of the subject-matter of
arbitration and indicate, in particular, the articles of this Convention whose interpretation or
application is at issue. The secretariat shall forward the information received to all Parties to
this Convention.
2. The arbitral tribunal shall consist of three members. Both the claimant party or parties and the
other party or parties to the dispute shall appoint an arbitrator, and the two arbitrators so
appointed shall designate by common agreement the third arbitrator, who shall be the
president of the arbitral tribunal. The latter shall not be a national of one of the parties to the
dispute, nor have his or her usual place of residence in the territory of one of these parties, nor
be employed by any of them, nor have dealt with the case in any other capacity.
3. If the president of the arbitral tribunal has not been designated within two months of the
appointment of the second arbitrator, the Executive Secretary of the Economic Commission
for Europe shall, at the request of either party to the dispute, designate the president within a
further two-month period.
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4. If one of the parties to the dispute does not appoint an arbitrator within two months of the
receipt of the request, the other party may so inform the Executive Secretary of the Economic
Commission for Europe, who shall designate the president of the arbitral tribunal within a
further two-month period. Upon designation, the president of the arbitral tribunal shall
request the party which has not appointed an arbitrator to do so within two months. If it fails
to do so within that period, the president shall so inform the Executive Secretary of the
Economic Commission for Europe, who shall make this appointment within a further twomonth period.
5. The arbitral tribunal shall render its decision in accordance with international law and the
provisions of this Convention.
6. Any arbitral tribunal constituted under the provisions set out in this annex shall draw up its
own rules of procedure.
7. The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by
ajority vote of its members.
8. The tribunal may take all appropriate measures to establish the facts.
9. The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular,
using all means at their disposal, shall:
(a) Provide it with all relevant documents, facilities and information;
(b) Enable it, where necessary, to call witnesses or experts and receive their evidence.
10. The parties and the arbitrators shall protect the confidentiality of any information they receive
in confidence during the proceedings of the arbitral tribunal.
11. The arbitral tribunal may, at the request of one of the parties, recommend interim measures of
protection.
12. If one of the parties to the dispute does not appear before the arbitral tribunal or fails to
defend its case, the other party may request the tribunal to continue the proceedings and to
render its final decision. Absence of a party or failure of a party to defend its case shall not
constitute a bar to the proceedings.
13. The arbitral tribunal may hear and determine counter-claims arising directly out of the
subject-matter of the dispute.
14. Unless the arbitral tribunal determines otherwise because of the particular circumstances of
the case, the expenses of the tribunal, including the remuneration of its members, shall be
borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its
expenses, and shall furnish a final statement thereof to the parties.
15. Any Party to this Convention which has an interest of a legal nature in the subject-matter of
the dispute, and which may be affected by a decision in the case, may intervene in the
proceedings with the consent of the tribunal.
16. The arbitral tribunal shall render its award within five months of the date on which it is
established, unless it finds it necessary to extend the time limit for a period which should not
exceed five months.
17. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be
final and binding upon all parties to the dispute. The award will be transmitted by the arbitral
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tribunal to the parties to the dispute and to the secretariat. The secretariat will forward the
information received to all Parties to this Convention.
18. Any dispute which may arise between the parties concerning the interpretation or execution
of the award may be submitted by either party to the arbitral tribunal which made the award
or, if the latter cannot be seized thereof, to another tribunal constituted for this purpose in the
same manner as the first.
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